The time period when these illegal acts were occurring was when it
was having contract disputes with its unions resulting in many
cancelled and delayed flights two years ago. This was the beginning
of United's financial downfall. That is why I feel it is urgent to
inform you of this situation now that United has filed for bankruptcy
and is even more desperate to reduce its daily cash burn.
In fact, last Thursday, I received by FedEx from World Headquarters
in Chicago United's Order for Relief under Title 11 stating that
this act operates as a stay of my protections under this very
ineffective law. My attorney has in addition been ordered by the
administrative review board to file a brief within 45 days as to
why this court should not order a stay. This is absurd. Why wasn't
this issue of bankruptcy protection vs. whistleblowing protection
ever dealt with in the creation of this law? Isn't whistleblowing
supposed to be in the public interest? When The FAA confirmed the
activities that I reported, I should have been ordered back to work
and the burden of proof placed on United. Unfortunately, under
Wendell Ford, the burden of proof is placed on me. Government
attorneys should have been assigned to represent me at no cost.
This legislation favors the employer and lacks teeth.
I have obtained a copy of your March 28th, 2001 letter to The
Honorable James E. Clyburn assuring him that the FAA had taken
steps to implement the whistleblower provisions of the AIR-21 Act.
You state that The FAA has the responsibility to investigate alleged
safety violations while OSHA investigates employee complaints of
alleged discrimination by air carriers. You also mention that the
FAA had published a bulletin on February 27, 2001, to provide
internal guidance and procedures to its safety inspectors concerning
the whistleblower provisions. Why then were FAA inspectors giving
my name to UAL head honchos as late as May 15, 2001? As you have
seen, The FAA has confirmed that my allegations are no longer
allegations. So where is this so-called coordination between the
FAA and DOL that you write about in the Memorandum of Understanding
(MOU) that allowed an ALJ to dismiss my case after the FAA
investigation before even receiving a hearing? Is my case too hot
to handle? In addition, myself and every other mechanic I talked
to have never seen any of those 50,000 posters you assured Congressman
Clyburn were being sent to air carriers either. This very obscure
poster on The FAA website states that "Air Safety is YOUR
responsibility!" I carried out my responsibility. Where is the
protection? This so-called whistleblowing protection program is
just one big outrageous lie.
Anyone who has seen what I have been put through, losing my job,
having to hire legal representation while still unemployed, ($4,000
so far and still climbing), and then to see United's huge international
law firm, Brobeck, use legal maneuvering to keep this matter from
court, would never consider doing what I did. As it now stands,
innocent passengers will continue to fly in unsafe planes due to
the traditional lack of whistleblowing protection and the stigma
that still exists for blowing the whistle!